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State Republicans approve limiting public access to government records

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Updated: 12:52 AM CDT Jul 4, 2015

State Republicans approve limiting public access to government records

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Updated: 12:52 AM CDT Jul 4, 2015

MADISON, Wis. —

Nearly all records created by state and local government officials, including bill drafts and communications with staff, would not be subject to the Wisconsin open records law under a sweeping surprise change Republicans introduced in committee Thursday as an amendment to the state budget.

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The panel voted 12-4 Thursday night to add the changes to the budget, with all 12 Republican members voting for it. The full Legislature, along with Gov. Scott Walker, still must sign off before they would become law.

Friday afternoon, Walker's spokeswoman told WISN 12 News, "Prior to the budget going to the full Legislature for action, Gov. Walker plans to work with legislative leaders to make changes to the provisions included in the current proposal related to the state's open records law."

Numerous new protections would be extended to the 132 members of the Legislature, their staff, support agencies, and all other state and local government officials, including members of school boards.

"It's astonishing," said Bill Lueders, president of the Wisconsin Freedom of Information Council. "It is a full-frontal assault on the open records law as it pertains to the state Legislature and other agencies of government."

Under the provision, all "deliberative materials" would be exempt from the open records law. That includes all materials prepared in the process of reaching a decision concerning a policy or course of action or in drafting a document or communication.

The exemptions are even more extensive for members of the Legislature and their staff. They would not have to disclose communications between one another, the public or others who work for the Legislature, such as staff in the clerk's and sergeant at arms offices. The protection extends to a wide array of legislative business, including drafting bills, developing public policy, all aspects of legislative proceedings such as committee hearings, and investigations and oversight.

Legislative service agencies would be required to keep all communications, records and information confidential.

Lueders said lawmakers were pushing for the changes because of embarrassing recent stories, including one about Gov. Scott Walker proposing the elimination of the Wisconsin Idea from the mission statement of the University of Wisconsin. Notes related to that proposal, which are available to the public on the Legislature's website, were widely reported to show communication between Walker's staff and bill drafters.

"This is cowardly," Lueders said. "It's an affront to the citizens of Wisconsin, and I hope there is tremendous uprising to it. ... This will absolutely lead to corruption and abuses."

Republican Sen. Luther Olsen, a member of the budget committee, said he didn't know who had requested the change. When asked if he thought the state would be better off with the new restrictions he said, "Don't ask me. I didn't write it."

The final budget motion was sponsored by the committee's Republican co-chairs, Rep. John Nygren and Sen. Alberta Darling, but it contains items requested by numerous unnamed lawmakers.

Republican Sen. Leah Vukmir, another member of the budget committee, continued walking by reporters without speaking when asked what she thought of the open records changes.

Additionally, Republicans proposed restricting records available on the popular Courts' Consolidated Court Automation Program known as CCAP. Records would be removed for criminal cases where charges have been dismissed prior to trial, the charges were not for violent offenses, the maximum penalty was less than six years in prison and the person charged was under 25 years old.

State Sen. Jon Erpenbach, a Democrat on the budget committee, said he was opposed to the changes.

"Government works best when things are open," he said.

Reaction:

Wisconsin's freedom of information advocates are blasting a surprise GOP motion that would limit access to public records.

Brendan Fischer of the Center for Media and Democracy said the measure was likely drafted to help legislators avoid embarrassment.

Wisconsin Attorney General and Republican Brad Schimel tweeted, "Transparency is the cornerstone of democracy and the provisions in the Budget Bill limiting access to public records move Wisconsin in the wrong direction."